1571.16
Filing of complaint - hearing - injunctions.

(A)
The gas storage well inspector or any person having a direct interest in the
subject matter of this chapter may file with the division of
oil and
gas resources management a complaint in writing stating that a person is
violating, or is about to violate, a provision or provisions of this chapter,
or has done, or is about to do, an act, matter, or thing therein prohibited or
declared to be unlawful, or has failed, omitted, neglected, or refused, or is
about to fail, omit, neglect, or refuse, to perform a duty enjoined upon the
person by this chapter. Upon the filing of such a complaint, the chief of the
division of oil and gas resources management shall promptly
fix the time for the holding of a hearing on such complaint and shall send by
registered mail to the person so complained of, a copy of such complaint
together with at least five days' notice of the time and place at which such
hearing will be held. Such notice of such hearing shall also be given to all
persons having a direct interest in the matters complained of in such
complaint. Such hearing shall be conducted in the same manner, and the chief
and persons having a direct interest in the matter being heard, shall have the
same powers, rights, and duties as provided in divisions (B), (C), (D), and (E)
of section
1571.10 of the Revised Code, in
connection with hearings by the chief, provided that if after conclusion of the
hearing the chief finds that the charges against the person complained of, as
stated in such complaint, have not been sustained by a preponderance of
evidence, the chief shall make an order dismissing the complaint, and if the
chief finds that the charges have been so sustained, the chief shall by
appropriate order require compliance with those provisions.

(B)
Whenever the chief is of the opinion that any person is violating, or is about
to violate, any provision of this chapter, or has done, or is about to do, any
act, matter, or thing therein prohibited or declared to be unlawful, or has
failed, omitted, neglected, or refused, or is about to fail, omit, neglect, or
refuse, to perform any duty enjoined upon the person by this chapter, or has
failed, omitted, neglected, or refused, or is about to fail, omit, neglect, or
refuse, to obey any lawful requirement or order made by the chief, or any final
judgment, order, or decree made by any court pursuant to this chapter, then and
in every such case, the chief may institute in a court of competent
jurisdiction of the county or counties wherein the operation is situated, an
action to enjoin or restrain such violations or to enforce obedience with law
or the orders of the chief. No injunction bond shall be required to be filed in
any such proceeding. Such persons or corporations as the court may deem
necessary or proper to be joined as parties in order to make its judgment,
order, or writ effective may be joined as parties. An appeal may be taken as in
other civil actions.

(C)
In addition to the other remedies as provided in divisions (A) and (B) of this
section, any reservoir operator or coal mine operator affected by this chapter
may proceed by injunction or other appropriate remedy to restrain violations or
threatened violations of this chapter or of orders of the chief, or of the
hearing officer appointed under section
1571.14 of the Revised Code, or
the judgments, orders, or decrees of any court or to enforce obedience
therewith.

(D)
Each
remedy prescribed in divisions (A), (B), and (C) of this section is deemed
concurrent or contemporaneous with each other remedy prescribed therein, and
the existence or exercise of any one such remedy shall not prevent the exercise
of any other such remedy.

(E)
The provisions of this chapter providing for conferences, hearings by the
chief, appeals to the hearing officer from orders of the chief, and appeals to
the court of common pleas from orders of the hearing officer, and the remedies
prescribed in divisions (A), (B), (C), and (D) of this section, do not
constitute the exclusive procedure that a person, who deems the person's rights
to be unlawfully affected by any official action taken thereunder, must pursue
in order to protect and preserve such rights, nor does this chapter constitute
a procedure that such a person must pursue before the person may lawfully
proceed by other actions, legal or equitable, to protect and preserve such
rights.